How many judgments cite Attar Singh Gurmukh Singh v. ITO?

254 judgments on BharatTax cite Attar Singh Gurmukh Singh v. ITO (191 ITR 667), spanning 2015 to 2026.

Which sections of the Income Tax Act does Attar Singh Gurmukh Singh v. ITO come up under?

It is most often cited in judgments turning on Section 40A(3), Section 143(3), Section 133A, Section 143(1), Section 143(2), Section 153A.

Attar Singh Gurmukh Singh v. ITO

191 ITR 667Supreme Court of India1991#331 most cited

What is Attar Singh Gurmukh Singh v. ITO authority for?

Section 40A(3) is not absolute, and its application considers business expediency, practical difficulties, and other relevant factors, while keeping in mind its objective to curb the practice of ploughing unaccounted money into the system.

254

judgments rely on this decision, according to BharatTax’s citation analysis of 367,854 Indian tax judgments — from 2015 to 2026.

Also referred to as

Attar Singh Gurmukh Singh v. ITO · Section 40A(3) · Rule 6DD · cash payments disallowance · business expediency · practical difficulties · genuineness of transaction · objective of Section 40A(3) · unaccounted money · profits and gains of business or profession

Also reported as

59 Taxmann 114 SCC 38559 Taxmann.com 11

Sections most often in play

Section 40A(3)Section 143(3)Section 133A Section 143(1)Section 143(2)Section 153A Section 6DD Section 132(4)

Read the full judgment

Issues it is cited on

section 40a(3)business expediency section 40a section 40 profits and gains of business or profession section 40(a)genuineness of the transaction section 132(4)section 131 undisclosed income incriminating material section 132

Judgments citing Attar Singh Gurmukh Singh v. ITO

Girdhari Lal Chawla, Delhi vs. ACIT, New Delhi

ITA 3800/DEL/2016[2006-07]Status: DisposedITAT Delhi21 Oct 2019AY 2006-07

Bench: Shri R.K. Panda & Shri Kuldip Singh

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri J.K. Mishra, CIT DR

Section 139(1)Section 143Section 147Section 148Section 40A(3)

…the genuineness of the payment made, addition is not sustainable and is required to be treated having been made in exceptional circumstances and relied upon the decision rendered by Hon’ble Supreme Court in case of Attar Singh Gurmukh Singh vs. ITO, Ludhiana 191 ITR 667 (SC). 8. However, on the other hand, Ld. DR for the Revenue to repel the arguments advanced by the ld. AR for the assessee contended that the plea of genuineness of the transaction has never been taken by the assessee before the AO nor he has produced any confirmation from the vendor and the affidavit relied upon is self-serving document. 5 ITA…

Shri Altafhusen M. Siddiki, Ahmedabad vs. The Income Tax Officer, Ward-9(4), Ahmedabad

In the result, appeals filed by the assessee i

ITA 969/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad20 Sept 2019AY 2010-11

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.577/Ahd/2012 "नधा"रण वष"/Assessment Year: 2008-09 & आयकर अपील सं./ Ita No.969/Ahd/2015 { "नधा"रण वष"/Assessment Year: 2010-11 Shri Altafhusen M. Siddiki, Prop Dcit, Circle-9 Of Sunmoon Roadways 6/D/1, Vs Ahmedabad Pursottam Estate, Nr. Cozy Hotel, Ranipur Patia, Sarkhej Road, Narol, Ahmedabad-382405 Pan No.Arsps3765P

For Appellant: Shri Tej Shah, ARFor Respondent: Shri Vinod Tanwani, CIT- DR

Section 143(2)Section 143(3)Section 194ASection 234ASection 40Section 40A(3)Section 44ASection 68

…आयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ ‘D’ अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER आयकर अपील सं./ ITA No.577/Ahd/2012 "नधा"रण वष"/Assessment Year: 2008-09 & आयकर अपील सं./ ITA No.969/Ahd/2015 { "नधा"रण वष"/Assessment Year: 2010-11 Shri Altafhusen M. Siddiki, Prop DCIT, Circle-9 of Sunmoon Roadways 6/D/1, Vs Ahmedabad Pursottam Estate, Nr. Cozy Hotel, Ranipur Patia, Sarkhej Road, Narol, Ahmedabad-382405 PAN No.ARSPS3765P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant by : Shri Tej Shah, AR Revenu…

Shri Altafhusen Mahemudul Hasan Siddiki, Ahmedabad vs. The Dy.CIT., Range-9, Ahmedabad

In the result, appeals filed by the assessee i

ITA 577/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad20 Sept 2019AY 2008-09

For Appellant: Shri Tej Shah, ARFor Respondent: Shri Vinod Tanwani, CIT- DR

Section 143(2)Section 143(3)Section 194ASection 234ASection 40Section 40A(3)Section 44ASection 68

Haridas Som, Hooghly vs. ITO, Ward - 22(3), Kolkata

Appeal is allowed

ITA 14/KOL/2018[2013-14]Status: DisposedITAT Kolkata13 Sept 2019AY 2013-14

Bench: Hon’Ble Shri J. Sudhakar Reddy., Am & Hon’Ble Shri S.S. Godara, Jm] I.T. A No. 14/Kol/2018 A.Y 2013-14 Haridas Som V/S. I.T.O. Ward 22(3), Kolkata Pan: Ajhps8867K (Appellant) (Respondent)

For Appellant: Shri G.Banerjee, Adovate, ld.ARFor Respondent: Shri Sankar Halder, JCIT, ld.Sr.DR

Section 143(3)Section 40A(3)

…g proper investigation by the department as to the identity of the payee and reasonableness of the payment." 4.4. In this regard, it is pertinent to get into the following decisions on the impugned subject:- Attar Singh Gurmukh Singh vs ITO reported in (1991) 191 ITR 667 (SC) "Section 40A(3) of the Income-tax Act, 1961, which provides that expenditure in excess of Rs.2,500 (Rs.10,000 after the 1987 amendment) would be allowed to be deducted only if made by a crossed cheque or crossed bank draft (except in specified cases) is not arbitrary and does not amount to a 9 10 A.Y 2013-14 Haridas Som restriction on the f…

The ACIT, Ernakulam vs. M/S.Nitta Gelatine India Ltd, Cochin

In the result, the appeal of the Revenue in ITA No

ITA 301/COCH/2017[2009-10]Status: DisposedITAT Cochin29 Aug 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 253(1)Section 32Section 40A(3)

…ergone by such produce and the definitions and opinions of government authorities processed of the necessary jurisdiction. 9 I.T.A. Nos. 301 & 303/Coch/2017 8) The CIT(A) also examined the decisions of Supreme Court in the case of Attar Singh Gurmukh Singh (191 ITR 667), CIT vs. CPL tannery (318 1TR 179) (Cal), CIT vs. Crescent Export Syndicate (ITA number 202 of 2008) 9) The Assessing Officer had not questioned the genuineness of the transactions or the payments or the identity of the suppliers. 11.1 Thus, on the basis of above the CIT(A) held that the assessee passed the test of exemption offered under Rul…

Sri Krishnasa Bhute, Harihar vs. Income Tax Officer Ward-2(1), Davangere

In the result, ITA No. 2444/Bang/18 is allowed, while ITA

ITA 2444/BANG/2018[2013-14]Status: DisposedITAT Bangalore28 Aug 2019AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Jason P Boaz

For Appellant: Shri Pranav Krishna, AdvocateFor Respondent: Dr. P.V Pradeep Kumar, Addl. CIT (DR)

Section 40ASection 40A(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER ITA No.2444 & 2445/Bang/2018 Assessment year : 2013-14 & 2014-15 Sri Krishnasa Bhute, Vs. The Income Tax Officer, Pooja Nilaya, 60 Feet Road, Wa5rd-2(1), A Block, Vidyanagar, Davangere. Harihar-577 601. PAN – AEBPB 5686G. APPELLANT RESPONDENT Appellant by : Shri Pranav Krishna, Advocate Respondent by : Dr. P.V Pradeep Kumar, Addl. CIT (DR) Date of hearing : 21.08.2019 Date of Pronouncement : 28.08.2019 O R D E R Per Bench : These are appeals by the Assessee agains…

The ACIT, Cochin vs. M/S.Nitta Gelatine India Ltd, Cochin

In the result, the appeal of the Revenue in ITA No

ITA 303/COCH/2017[2010-11]Status: DisposedITAT Cochin23 Aug 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 253(1)Section 32Section 40A(3)

Regency Buildhome LLP, Jaipur vs. Assistant Commissioner of Income Tax, Circle-6, Jaipur

In the result, the appeal filed by the assessee is dismissed

ITA 621/JPR/2018[2013-14]Status: DisposedITAT Jaipur20 Jun 2019AY 2013-14

For Appellant: Shri Mukesh Soni (C.A.)For Respondent: Shri P.P. Meena (ACIT)

Section 234BSection 40A(3)

…t exhaustive in nature and the same should be considered and interpreted liberally. The ld. AR has relied upon the following decisions:- • Smt. Harshila Chordia vs. ITO (2007) 298 ITR 349. 5 Regency Buildhome LLP vs. ACIT • Attar Singh Gurmukh Singh vs. ITO 191 ITR 667. • A. Daga Royal Arts vs. ITO 94 taxmann.com 401. 4. On the other hand, the ld. DR has submitted that the assessee has not shown any circumstances which false in the exception as provided Under rule 6DD(j) of the Income Tax Rules and therefore, the payment made by the assessee in violation of the provisions of Section 40A(3) of the Act is liabl…

M/S. Laxmi Narayan Jewellery, Balasore vs. ITO, Ward-2, Balasore

In the result, appeal of the assessee is allowed

ITA 250/CTK/2018[2012-13]Status: DisposedITAT Cuttack13 May 2019AY 2012-13

Bench: Shri Chandra Mohan Gargassessment Year: 2012-13

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri Subhendu Dutta, DR

Section 40A(3)

…thorities, then the payments in excess of Rs.20,000/- cannot be disallowed u/s.40A(3) of the Act. While taking this view, the Hon’ble High Court has also taken support of the decision of Hon’ble Supreme Court in the case of Attar Singh Gurmukh Singh vs ITO, 191 ITR 667 (SC). 8. On the other hand, ld D.R. supported the orders of lower authorities. 9. I have heard the rival submissions, perused the materials available on the record of the Tribunal and orders of lower authorities. From the chart as reproduced above, it is clear that the payments were made to parties i.e. Epari Sadashiv Pvt Ltd., and M/s. Ala…

Shri Birendra Prasad, Bokaro vs. ITO Ward-3(1), Bokaro

In the result, all the appeals filed by the assessee are allowed

ITA 365/RAN/2016[2007-08]Status: DisposedITAT Ranchi05 Apr 2019AY 2007-08

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri Devesh Poddar Advocates, ld.ARsFor Respondent: Shri P.K. Mondal, JCIT, ld. DR

Section 133(6)Section 143(3)Section 234ASection 263Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI (Before Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.) ITA No. 365/Ran/16 : Asstt. Year : 2007-08 ITA No. 367/Ran/16 : Asstt. Year : 2009-10 ITA No. 368/Ran/16 : Asstt. Year : 2010-11 Sri Birendra Prasad Vs I.T.O., Ward 3(1), Bokaro Prop: M/s. New Maa Gaytri Stores,PAN: AEIPP0099Q (APPELLANT) (RESPONDENT) Appellant/Assessee by : Shri Devesh Poddar Advocates, ld.ARs Respondent/Revenue by : Shri P.K. Mondal, JCIT, ld. DR Date of Hearing : 11-01-2019 Date of Pronouncement: 05 -04-2019 ORDER PER BENCH: The captioned three appeals filed by the assess…

Goel Jewellers Overseas Corp, New Delhi vs. ACIT, Circle-51(1), New Delhi

In the result, both the appeals filed by the assessee are allowed

ITA 5075/DEL/2018[2013-14]Status: DisposedITAT Delhi14 Mar 2019AY 2013-14

Bench: Shri R.K. Panda

For Appellant: Shri J.C. Kochar, CAFor Respondent: Shri Amit Jain, Sr.DR

Section 143(3)Section 18Section 40Section 40A(3)

…he identity of the payee and genuiness of the expenditure, no disallowance u/s 40A(3) could be made and in this regard the ratio of the judgment of the Hon’ble Supreme Court in the case of ATTAR SINGH GURMUKH SINGH VS. INCOME TAX OFFICER, LUDHIANA ETC. (1991) 191 ITR 667 and many High Courts and different benches of the Tribunal were ignored. 3. That the Id. CIT(A) erred in not appreciating that the purpose of Section 40A(3) is to prevent tax evasion and in this case, there could be no tax evasion as the Salary to partners claimed as deduction by the firm had already suffered tax in the hands of the partners. 4.…

Goel Jewellers Overseas Corp, New Delhi vs. JCIT, Special Range-17, New Delhi

In the result, both the appeals filed by the assessee are allowed

ITA 5074/DEL/2018[2012-13]Status: DisposedITAT Delhi14 Mar 2019AY 2012-13

Bench: Shri R.K. Panda

For Appellant: Shri J.C. Kochar, CAFor Respondent: Shri Amit Jain, Sr.DR

Section 143(3)Section 18Section 40Section 40A(3)

The Income Tax Officer, Amritsar vs. Sh. Shiv Raj Singh Bawa, Amritsar

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

ITA 407/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 Jan 2019AY 2012-13

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

For Appellant: Sh. Charan Dass (D.R.)For Respondent: Sh. Tarun Bansal (Adv.)

Section 143(3)Section 40A(3)

…he question therefore is if the purchase cost is claimed as deduction only on the disposal (sale) of the relevant goods (stock) or services, or on its’ purchase. The same has been considered be the Hon’ble Apex Court in Attar Singh Gurmukh Singh v. ITO [1991] 191 ITR 667 (SC), wherein a similar argument, i.e., of the relevant good having not been sold during the year of purchase, so that no claim for expenditure could be regarded as having been made in the year of purchase, being held in stock, for section 40A(3), where the payment for purchase is made in violation of the said section, to apply. It was explained…

M/S. Lord Krishna Dwellers (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the appeals of the assessee in ITA No

ITA 2403/DEL/2014[2007-08]Status: DisposedITAT Delhi17 Dec 2018AY 2007-08

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2006-07] & [Assessment Year: 2007-08]

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT(A)-DR

Section 132Section 143Section 143(3)Section 153ASection 40A(3)

…ng proper investigation by the department as to the identity of the payee and reasonableness of the payment. 23. In this regard, it is pertinent to get into the following decisions on the impugned subject: Attar Sinsh Gurmukh Singh vs ITO reported in (1991) 191 ITR 667 (S.C) “Section 40A(3) of the Income-tax Act, 1961, which provides that expenditure in excess of Rs.2,500 (Rs.10,000 after the 1987 amendment) would be allowed to be deducted only if made by a 15 crossed cheque or crossed bank draft (except in specified cases) is not arbitrary and does not amount to a restriction on the fundamental right to carry…

M/S. Lord Krishna Dwellers (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the appeals of the assessee in ITA No

ITA 5294/DEL/2013[2006-07]Status: DisposedITAT Delhi17 Dec 2018AY 2006-07

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2006-07] & [Assessment Year: 2007-08]

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT(A)-DR

Section 132Section 143Section 143(3)Section 153ASection 40A(3)

Binod Kumar Burnwal, Burdwan vs. ITO, Ward - 1(3), Durgapur

In the result, appeal of the assessee is allowed in part

ITA 1864/KOL/2017[2008-09]Status: DisposedITAT Kolkata12 Dec 2018AY 2008-09

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2008-09 Binod Kumar Burnwal…………………….…….............................………………………..……….………..Appellant Prop: Anandlok Infocom Bangram, Nutandanga Gogla Dist-Burdwan – 713 383 [Pan : Aizpb 0692 A] Income Tax Officer, Ward-1(3), Kolkata......................................................……………….…..Respondent

Section 143(3)Section 234BSection 250Section 40A(3)

…to frustrate proper investigation by the department as to the identity of the payee and reasonableness of the payment." 3.3.4 In this regard, it is pertinent to get into the following decisions on the impugned subject:— Attar Singh Gurmukh Singh v. ITO [1991] 191 ITR 667/59 Taxman 11 (SC) "Section 40A(3) of the Income-tax Act, 1961, which provides that expenditure in excess of Rs. 2,500 (Rs. 10,000 after the 1987 amendment) would be allowed to be deducted only if made by a crossed cheque or crossed bank draft (except in specified cases) is not arbitrary and does not amount to a restriction on the fundamental righ…

M/S.M K Agrotech Private Ltd vs. The Addl Commissioner of Income Tax

The appeal is allowed

ITA/83/2010HC Karnataka29 Nov 2018

Bench: The Hon'Ble Mr. Justice Ravi Malimath

Section 143(2)Section 260ASection 40ASection 40A(3)Section 6

…h clearly indicates that drafts have been received by the purchasers. In respect whereto, he relies on the judgment of the Hon'ble Supreme Court in the case of ATTAR SINGH GURMUKH SINGH v. INCOME TAX 5 OFFICER, LUDHIANA reported in (1991) 191 ITR 667 (SC), wherein it was held that when the bank drafts were not crossed, it is open for the assessee to furnish to the satisfaction of the Assessing Officer, the circumstances under which the payment, in the manner, as prescribed under Section 40A(3) of the Act was not practicable or would have caused genuine difficulty to the payee. It is…

M/S. Pharma Bio Solutions, Chinnavutapalli vs. The, CIT(A), Vijayawada

In the result, the appeal of the assessee is dismissed

ITA 114/VIZ/2016[2011-12]Status: DisposedITAT Visakhapatnam16 Nov 2018AY 2011-12

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.114/Viz/2016 (धििाारण िर्ा/Assessment Year:2011-2012) M/S Pharma Bio Solutions Vs. Income Tax Officer (Formerly Named As Ward-1(2) M/S Padmaja Laboratories Vijayawada Chinnavutapalli [Pan:Aakfp5523D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Appellant By : Shri. B.V.S. Chalapathi Rao, Ar प्रत्यार्थी की ओर से/ Respondent By : Smt. Suman Malik, Dr सुनवाई की तारीख / Date Of Hearing : 13.11.2018 घोषणा की तारीख/Date Of Pronouncement : 16.11.2018

For Appellant: Shri. B.V.S. Chalapathi Rao, ARFor Respondent: Smt. Suman Malik, DR

Section 40Section 40A(3)

…ness requirements) was placed to corroborate this claim in respect of both parties involving transactions on as many as 63 occasions. 6.7. The payments made for purchases would also be covered by the word "expenditure' (Attar Singh Gummukh Singh Vs. ITO (SC) 191 ITR 667). Section 40A(3) has been enacted for strict enforcement. Except making a claim that its case was covered under exceptional circumstances under Rule 6DD, Appellant did not provide any evidence of exceptional or unavoidable circumstances in this case (regular, periodical purchase of raw materials for production of aqua and Poultry feed supplements…

Ma Parameshwari Agro Pvt. Ltd., Burdwan vs. ACIT, Cir-2, Burdwan

Appeal is allowed

ITA 1027/KOL/2016[2010-2011]Status: DisposedITAT Kolkata31 Oct 2018AY 2010-2011

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2010-11 Ma Parameswari Agro V/S. Acit, Circle-2, Aayakar Pvt. Ltd. Vill Bhawan, Kachari Road, Chotoposhla, P.O. Corut Compound, Dist. Baroposhla, P.S. Burdwan-713101 Mangalkote, Dist. Burdwan, Pin-713125 [Pan No.Aadcm5950F] .. अपीलाथ" /Appellant ""यथ"/Respondent Shir Sanjay Bhattacharya, Fca अपीलाथ" क" ओर से/By Appellant Shri Robn Choudhury, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 04-10-2018 सुनवाई क" तार"ख/Date Of Hearing 31-10-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2010-11 Arises Against The Commissioner Of Income Tax (Appeals)-Burdwan’S Order Dated 29.03.2016 In Case No.115/Cit(A)/Asl/Acit/Cir-2/Bwn/2013-14 In Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. We Come To Assessee’S Former Substantive Ground Challenging Correctness Of Both The Lower Authorities’ Action Disallowing Its Cash Payment Of ₹74,59,954/- U/S40A(3) Of The Act. The Cit(A)’S Findings Under Challenge After Considering The Assessing Officer’S Observations Both In Assessment As Well As Remand Report & Assessee’S Contentions Are Reproduced As Follows:-

Section 131Section 143(3)Section 40A(3)

…gency has to be established by the assessee himself to the reasonable satisfaction of the assessing authority. Without this satisfaction, the assessee cannot evail a blanket umbrella under the said provision. The apex court in Attar Singh Gurmukh Singh Vs ITO 191 ITR 667 has held that "there is no restriction on the assessee in his trading activities .... The payment by crossed cheque or draft is insisted upon to enable the assessing authority to ascertain whether the payment was genuine or not or whether it was out of income from undisclosed sources .... Considerations of business expediency and other relevant f…

Smt. Annapurna Maheshwari, Indore vs. The ITO-4(1), Indore

In the result I.T.A.No.315/Ind/2012& I

ITA 252/IND/2016[2010-11]Status: DisposedITAT Indore30 Oct 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Borad

Section 10(38)Section 143(3)Section 68

…In the absence of any direct evidence, a judicial or quasi- judicial Tribunal can base its conclusions on the basis of what arc known as notorious facts bearing in mind the principles of section 144 of the Evidence Act." (b) 'Attar Singh Gurmukh Singh v. ITO 191 ITR 667(SC) wherein, while interpreting the provisions of section 40A(3), it was held that "In interpreting a taxing statute, the court cannot be oblivious of the proliferation of black money which is under circulation in our country."' 4.3.3; AO's finding that it is a case of dubious tax planning, it has to be necessarily upheld for the simple reasons…